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Distilling lessons from the FCPA Pilot Program

One year after implementation of the FCPA pilot program, compliance and legal counsel are starting to receive greater transparency and consistency around how the Criminal Division’s Fraud Section measures and credits voluntary self-disclosure and cooperation in corporate resolutions.

Last year, the Criminal Division’s Fraud Section implemented the FCPA pilot program, which delineates specified mitigation credit a company can receive if it acts in accordance with standards of self-disclosure, cooperation, and remediation—each of which are carefully defined as part of the roll out of the program.

Under the pilot program, if a criminal fine is still warranted in cases where a company self-discloses an FCPA violation, fully cooperates with the agency, and remediates compliance deficiencies, the company will be eligible to receive up to a 50 percent reduction off the bottom end of the U.S. Sentencing Guidelines fine range. In cases where the company makes no self-... To get the full story, subscribe now.